§ 45-49-85 — Indexing System

(a) The following words, phrases, and terms including the plural of any thereof, whenever used in this section, shall have the following respective meanings:
(1) CODE. The Code of Alabama, 1975, as amended.
(2) COMPUTERIZED METHODS OF INDEXING. The use of computer hardware and software to alphabetize, store, assemble, transmit electronically, and generally prepare index information and shall include, but shall not be limited to, the following:
a. Display terminals used to enter, transmit, and retrieve index information for specified periods.
b. Computer speed printers used to prepare hard copy index books.
c. Storage of index information using disks, magnetic tape, cartridges, chips, or any other method approved by the judge of probate.
d. Computer processors to sort and alphabetize index information.
e. Any other computer techniques or equipment necessary for preparing the various indexes.
(3) COUNTY. Mobile County, Alabama.
(4) GENERAL PROPERTY INSTRUMENT. A real property instrument that affects the title to personal property as well as real property.
(5) IMPLEMENTATION DATE. The date the judge of probate shall begin using computerized methods to prepare the official and permanent index records of the probate office.
(6) JUDGE OF PROBATE. The Judge of Probate of Mobile County, Alabama.
(7) JUDGMENT INDEX. A direct and reverse listing in alphabetical order of judgments, state and federal liens, and releases of judgments or liens and may contain any other instrument relating to liens as designated by the judge of probate.
(8) JUDICIAL INDEX. An alphabetical listing of judicial instruments or documents.
(9) JUDICIAL INSTRUMENT. Instruments or documents relating to administration of estates, wills, adoptions, legitimations, condemnation of land, partition of lands, change of name, or any instrument or document filed in the judicial division of the probate office.
(10) MAP INDEX. An alphabetical listing of maps or plats of subdivisions, or any other instrument relating thereto as designated by the judge of probate, filed or recorded in the probate office.
(11) MISCELLANEOUS INSTRUMENT. Any instrument or document affecting the title to real property recorded in the probate office in volumes bearing the designation miscellaneous book or some similar designation as distinguished from a deed book, mortgage book, or real property book.
(12) PERSONAL PROPERTY INDEX. An index of personal property instruments or documents filed or recorded in the probate office.
(13) PERSONAL PROPERTY INSTRUMENT. Any instrument or document affecting the title to personal property only, as distinguished from real property, filed or recorded pursuant to applicable laws of the state.
(14) PROBATE OFFICE. The office of the Judge of Probate of Mobile County, Alabama.
(15) REAL PROPERTY INDEX. Direct and reverse index listings of real property instruments filed or recorded in the probate office set up in strict alphabetical order based upon all letters in a name and not merely upon the first letter thereof, the names to be indexed to include not only those of the grantor and grantee in such real property instrument but the names of all persons referred to in each affidavit that is a real property instrument and, in the case of each map that is a real property instrument, the name assigned on such map to any subdivision platted therein and the name of any person signing the map as owner of the land therein platted.
(16) REAL PROPERTY INSTRUMENT. Any document or instrument affecting title to real property filed for record in the probate office pursuant to laws of the state including, but not limited to, Section 35-4-50 and Section 35-4-51 and all statutes providing for the filing and recording of notices or statements of liens of any kind, notice of lis pendens, declarations of claims of exemption, certificates of judgments, plats or maps showing subdivision of real estate, certificates of incorporations, amendments, and dissolutions of incorporations, and any other document affecting corporations.
(b) The judge of probate, in his or her discretion, may adopt and implement computerized methods as defined in this section for establishing and preparing any or all of the various indexes required by law and currently maintained in the probate office including, but not limited to, the real property, judgment, incorporation, map, and judicial indexes. The computerized methods of preparing the indexes, if adopted by the judge of probate shall be an alternative to the card or strip index method presently in use in the county pursuant to Act 460, 1957 Regular Session (Acts 1957, p. 622), of the Alabama Legislature.
(c) The judge of probate shall designate the indexes to be computerized and shall specify their form, content, and general make-up. The real property indexes, in the discretion of the judge of probate, may contain a brief description to or reference to real estate listed in any instrument indexed therein, provided that such description or reference to real estate shall be included for convenience only and shall not constitute an official record, and provided further, that the judge of probate shall not incur any penalty or fine or be liable for any damage on the account of computer malfunction or if an index listing is not in its precise and exact alphabetical order, if the listing is properly placed with respect to the first letter of the name or word indexed.
(d) The indexes, designated by the judge of probate, shall consist of computer printed index pages bound as books into chronological periods. The computer printed index pages, in book form, shall constitute the official and permanent index records of the probate office from the date of implementation, and shall satisfy the requirements of Section 12-13-43, and all other laws of the state pertaining to indexes maintained in the probate office. The official and permanent index records maintained in the probate office for the periods prior to the implementation of computerized methods of indexing shall not be affected by this section.
(e) The judge of probate may sell index information, electronically or in printed form, at a reasonable rate to be determined by the judge of probate.
(f) Nothing contained herein or elsewhere shall prohibit the judge of probate from reinstating, at any time, the card or strip index method, in whole or in part, as provided for in Act 460, 1957 Regular Session (Acts 1957, p. 622), of the Alabama Legislature and nothing shall prohibit the judge of probate from keeping certain designated indexes using the card or strip method as provided for in that act in addition to computerized indexes.
(g) The judge of probate, in his or her discretion, may use any surplus funds, which may be on deposit from any previous index tax which may have been collected for the purpose of financing any index or recording system in the probate office, to implement this section.

Legislative History

(Act 80-340, p. 460, §§ 1-7.)